Allowed

Nachattar Singh v. State of Punjab

Punjab & Haryana HC25 Jul 2011CRM-M/10023/2011

Case brief

AI extract

What is this about?

In a pre-arrest bail petition regarding an alleged IPC 451 and SC/ST Act offence, the court observed a significant delay in FIR registration and noted the omission of caste-specific allegations. It directed the petitioner to appear for investigation, bonded him to bail conditions if arrested, and disposed of the petition.

What did the court decide?

Petitioner directed to appear for investigation; bonded to bail conditions upon arrest.

Nachattar Singh Vs State of Punjab — Caste Atrocities | Punjab & Haryana HC (2011)

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Criminal Misc. No. M-10023 of 2011

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(1)

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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Criminal Misc. No. M-10023 of 2011 (O&M)

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Date of decision : 25.7.2011

Nachhattar Singh

.. Petitioner

State of Punjab

.. Respondent

CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

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Present: Mr. G. B. S. Dhillon, Advocate, for the petitioner. Mr. Abhishek Chautala, Assistant Advocate General, Punjab.

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Rajesh Bindal, J.

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By filing the present petition, the petitioner is seeking prearrest bail in FIR No. 27 dated 22.2.2011, registered under Section 451 IPC and Section 3/4 of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'), at Police Station City Jagraon, Police District Ludhiana Rural.

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Learned counsel for the petitioner submitted that offence under Section 3/4 of the Act is not made out against the petitioner as it is not alleged in the complaint that the petitioner was already known the caste of the complainant. The alleged occurrence had not taken place at a public place as the same admittedly took place in the office of the complainant. The FIR came to be registered more than one year and two months after the alleged incident. The reasons therefor is that FIR No. 18 dated 20.1.2010 was registered under Sections 302, 307 IPC on the complaint of Harsimranjit Singh, nephew of the petitioner against Jaspinder Singh Malhi and Gurpreet Singh Lambher. Jaspinder Singh is close to Bhupinder Singh, who was Deputy Superintendent of Police at that time and now Superintendent of Police. Jaspinder Singh was declared innocent by Deputy Superintendent of Police Bhupinder Singh, during the course of inquiry. He

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Criminal Misc. No. M-10023 of 2011

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(2)

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was pressurizing the petitioner not to file application under Section 319 Cr.P.C. for summoning Jaspinder Singh as additional accused.

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On the other hand, learned counsel for the State submitted that on enquiry conducted by Superintendent of Police (D), Ludhiana Rural, the offence as alleged in the FIR is made out. Two other persons namely Darshan Singh and Sohan Singh were present in the shop when the petitioner entered there and uttered words in the name of the caste of the complainant. The FIR has been registered after the inquiry and opinion of the District Attorney, Ludhiana.

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After hearing learned counsel for the parties and considering the fact that there is delay of one year and two months in the registration of the FIR and there is nothing in the FIR to state that it was known to the petitioner that the complainant belonged to Scheduled Castes or Scheduled Tribes community, in my opinion, the petitioner is not required to be sent in custody for the alleged offence at this stage. He is directed to appear before the Investigating officer on 5.8.2011 at 10.00 a.m. to join investigation. and thereafter whenever summoned. However, in case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Investigating Officer. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C.

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The petition stands disposed of.

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( Rajesh Bindal ) Judge

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25.7.2011 vs

Nachattar Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Nachattar Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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